SCHENK v. DEVALL


205 A.D.2d 900 (1994)

613 N.Y.S.2d 478

Judyann Schenk, Respondent-Appellant, v. David F. Devall, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 16, 1994


Mikoll, J.

Plaintiff commenced this action against defendant in February 1990 setting forth causes of action sounding in negligence and constructive fraud based on defendant's alleged knowing infection of plaintiff with the herpes virus. Defendant interposed a general denial to the complaint. Plaintiff then served defendant with interrogatories and a request for production of documents, including defendant's medical records. Defendant moved for dismissal...

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